A defendant shall be punished by imprisonment for three years.

The defendant's disclosure of information on the information is made through an information and communications network for six years.

Criminal facts

The following crimes have been committed under the condition that the defendant, as a disabled person of Grade II with mental retardation disability, lacks the ability to discern things or make decisions due to a very low understanding, judgment, and abstract thinking ability:

At around 1:30 on October 9, 2013, the Defendant discovered the victim E (V) who had worked as an organization in the Art Research Institute while drinking alcohol in the D remains located in Namwon-si, Namwon-si and sending time, and had the victim committed indecent acts.

이에 피고인은 손짓으로 피해자를 그곳 공중화장실 쪽으로 부른 다음 피해자의 손을 잡고 피해자를 남자화장실 용변 칸으로 데리고 들어가 피해자의 하의와 팬티를 발목 아래까지 내린 후 혀로 피해자의 음부 부위를 핥고, 계속하여 자신의 성기를 꺼내어 피해자에게 보여주며 만지고, 이에 피해자가 양손으로 얼굴을 가리자 그 손을 치우고 피해자의 입술에 강제로 입을 맞추었다.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

[Judgment of the court below] The Defendant committed a sexual crime against a minor under the age of 19 by indecent act by force against the victim under the age of 13, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. The statement of the victim;

1. Investigation report (verification, etc. at the scene of the crime);

1. The point of mental and physical disability: according to the defendant's written diagnosis of disability attached to the defendant's legal and investigative agency's statement attitude and request for cooperation in business (medical certificate, etc.) and each statement of the defendant's response to a claim against the defendant, the defendant has weak ability or decision-making ability to discern things due to the lack of understanding and judgment ability as the intellectual disabled of disability 2 at the time of the crime in this case.